Professor Doron Kalir was recently quoted in Law360 about a recent Ohio Supreme Court decision involving record sealing.
The case, State ex rel. Cincinnati Enquirer v. Forsthoefel, involved the divorce records of three-time U.S. Senate candidate Josh Mandel. The Ohio Supreme Court held that judges must reason their opinions, and attorneys must provide strong evidence, in order for a sealing decision to stand.
The trial judge in the case had agreed to seal the records without reasoning. The parties who moved to seal the records provided no affidavits in support. Both were wrong, held the Supreme Court in reversing the decision.
Professor Kalir commented, “the rule is very clear that if and when a judge wants to overcome the presumption of a hearing and restrict public access, they have to do a lot of yeoman’s work.”